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PROFESSIONAL SERVICES AGREEMENT
by and between
THE CITY OF BURBANK
and
Pacific Advanced Civil Engineering, Inc.
dated as of September 1, 2025
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PROFESSIONAL SERVICES AGREEMENT
THIS PROFESSIONAL SERVICES AGREEMENT (this “Agreement”), is made and entered into this 1st day of September, 2025 (the “Effective Date”), by and between THE CITY OF BURBANK , a municipal corporation (the “City”) and Pacific Advanced Civil Engineering Inc (the “Consultant”). The City and the Consultant are herein referred to, individually, as a “Party”, and, collectively, as the “Parties”.
City and Consultant agree as follows:
1.0 Services. Consultant, as an independent contractor, agrees to perform during the term of this Agreement, each and every service described in the “Scope of Services” set forth on Exhibit A to this Agreement (the “Scope of Services”). The initiation of service by the Consultant should not commence until all of the following conditions have been satisfied:
(a) Consultant has furnished all of the insurance documents required by Section 10.0 below; and
(b) Consultant has furnished any required supporting
documentation required by Sections 16.0 below.
(c) Consultant shall perform each service within the Scope of Services
only to the extent of the specific written authorization or notice to proceed provided by the City Project Manager, which shall direct the Consultant to proceed with the services listed in the Scope of Services, or any portion therein. To the extent that the Scope of Services involves more than one service, Consultant shall only be entitled to payment for
services upon City Project Manager’s written authorization or notice to proceed with such service. The services of the Consultant shall include the making of all investigations, studies, and analysis required by the conditions involved in each request of the City Project Manager. The Scope of Services shall not be modified without an amendment executed by the authorized representatives of each Party.
(d) The City has issued a formal Notice to Proceed (NTP). The City Council authorized the execution of this agreement contingent upon funding by the California Governor’s Office of Emergency Services (CalOES) and the Federal Emergency Management
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Agency (FEMA). Consultant understands that if the City does not receive such funding, the City will not and cannot issue a NTP nor authorize any work under this
agreement, and will terminate this agreement as set forth in Section 2.0 without any compensation to Consultant.
1.1 Extra Services
Unless City and Consultant have agreed in writing before the performance of extra services that are beyond the Scope of Services , City shall have no liability for such extra services and Consultant shall have no right to claim compensation for such extra services or expenses. The applicable hourly rates for authorized extra services shall be at the hourly rates set forth in the Schedule of Compensation (Exhibit B) unless otherwise agreed to by the parties in writing.
2.0 Term of Agreement; Termination.
2.1 Term. The term of this Agreement is from the Effective Date until December 31, 2026; provided, however, that the term of this Agreement may be extended by written amendment executed by authorized representatives of each of the Parties or may be earlier termi nated as provided in Section 2.2 below (the “Term”).
2.2 Termination by City. The City may terminate any or all of the services agreed to be performed under this Agreement without cause, at any time during the Term by giving the Consultant thirty (30) days’ notice in writing.
Either party may terminate this Agreement with cause, immediately upon giving the other party written notice of such default or breach of this Agreement that is the basis for the termination.
2.3 Effect of Termination. In the event of termination, Consultant shall have the right and obligation to immediately assemble work in progress for the purpose of closing out the job. All compensation for actual work performed and charges outstanding at the time of termination s hall be payable by City to Consultant within thirty (30) days following submission and approval of a final invoice by Consultant unless termination is for cause. In the event that such termination was for cause, Consultant shall be compensated only to the extent required by law.
3.0 Compensation and Schedule of Compensation . The total compensation (including, but not limited to all fees, expenses, reimbursements or other costs) payable by the City to the Consultant under this Agreement shall not exceed the sum of $1,007,447 (the “Cost of Services”). The Cost of Services shall not be increased without a written amendment executed by the authorized representatives of each ATTACHMENT 2
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Party. Consultant shall earn the compensation set forth in the Cost of Services in accordance with the “Schedule of Compensation” as attached to this Agreement as Exhibit B. No payment for expenses, labor or any other cost shall be paid to Consultant unless it is within the Scope of Services (Exhibit A).
4.0 Personnel.
4.1 The staff person designated by Consultant to be the primary point of contact (the “Representative”) for day -to-day performance of this Agreement shall be:
Duncan Lee, PE
Principal QA/QC Manager
17520 Newhope Street #200
Fountain Valley, CA 92708
[email protected]
(714) 481-7300
Representative shall be a key member of Consultant’s firm, and shall be directly involved in performing, supervising or assisting in the performance of the Scope of Services under this Agreement. The Representative shall be the key person to communicate w ith, and periodically report to, City on the progress of the work. The Consultant may, from time to time, remove or replace the Representative designated in this Agreement only with prior written consent by the City’s Designated Official.
4.2 The services to be performed by Consultant shall be accomplished under the general direction of, and coordinat ion with, the staff person designated by the City serving as the project manager (the “City Project Manager”). The City Project Manager designated by the City for day-to- day administration of this Agreement shall be:
Bassil Nahhas, PE
Principal Civil Engineer/BWP
164 West Magnolia Blvd
Burbank, CA 91503
[email protected]
(818) 238-3507
The City may, from time to time, remove or replace the City Project Manager designated in this Agreement by written notice to Consultant.
The City Project Manager has no authority to execute any amendments, ATTACHMENT 2
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consents or waivers on behalf of the City.
4.3 With respect to matters that extend beyond the day-to-day administration of this Agreement, the City designates Mandip Kaur Samra- General Manager - BWP.
Mandip Kaur Samra
General Manager-BWP
(818) 238-3554
[email protected]
5.0 Invoicing and Payment. Consultant shall provide City with written verification of the actual compensation earned, which written verification shall be in a form reasonably satisfactory to the City Project Manager. Invoices shall be made no more frequently than on a monthly basis and no less frequently than every 60 days, and shall describe in reasonable detail the work performed (including a list of hours worked by personnel classification) together with any receipts, invoices or other documentable expenses that are reimbursable under the Schedule of Compensation. All payments shall be made within thirty (30) days after City’s approval of such invoice.
6.0 Standard of Skill. Consultant, and Consultant's officers, employees and agents, if any, are skilled in the professional calling necessary to perform the work agreed to be done pursuant to this Agreement. The work performed by Consultant shall be with the degree of skill and diligence normally practiced in the industry for which Consultant is being retained by the City. To the extent that Consultant’s industry is subject to guidelines, rules or other standards, Consultant shall ensure that it complies wit h such guidelines, rules or other standards. The accep tance of Consultant's work by the City shall not operate as a release of the Consultant from such standard of care and workmanship.
7.0 Independent Contractor. Consultant is retained and engaged by the City only to the extent set forth in this Agreement, and the Consultant's relationship to the City is that of an independent contractor. Consultant shall be free to dispose of all portions of Consultant's time and activities which Consultant is not obligated to devote to the City in such a manner and to such persons, firms, or corporations as the Consultant sees fit except as expressly provided in this Agreement. Consultant shall not be considered to have the status of an employee under this Agreement or be entitled to participate in any insurance, medical care, vacation, sick leave, or other benefits provided for City's officers or employees. Consultant shall be solely responsible for any workers compensation insurance, withholding taxes, unemployment insurance, and any other employer obligations associated with the performance by the Consultant (including any of its officers, employees or other agents) of its obligations ATTACHMENT 2
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under this Agreement. Consultant has no authority to bind City in any manner or to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by the City.
8.0 Hold Harmless and Indemnity. Consultant shall fully and promptly undertake its obligations as set forth below:
8.1 Hold Harmless. To the fullest extent provided by law, Consultant holds City, its elected officials, officers, agents, and employees, harmless from all of Consultant's claims, demands, lawsuits, judgments, damages, losses, injuries or liability to Consultant, to Consul tant's employees, to Consultant’s contractors or subcontractors, or to the owners of Consultant's firm, which damages, losses, injuries or liability occur during the work required under this Agreement, or occur while Consultant is on City prop erty, or which are connected, directly or indirectly, with Consultant's performance of any activity or work required under this Agreement.
8.2 Defense and Indemnity . Consultant shall investigate, defend, and indemnify City, its elected officials, officers, agents, and employees, from any claims, lawsuits, demands, judgments, and all liability including, but not limited to, monetary or property damage, lost profit, personal injury, wrongful death, general liability, automobile, infringement of any intellectual property rights (including, copyright, patent and trademark), or professional errors and omissions arising out of, directly or indirectly, any error, negligence, recklessness, or omission of Consultant or any of Consultant’s officers, agents, employees, representatives, sub-consultants, or subcontractors, or the willful misconduct of Consultant or any of Consultant’s officers, agents, employees, representatives, sub -consultants, or subcontractors, in performing the services described in, or normally associated with, the work required under this Agreement , or breach by Consultant of this Agreement. The duty to defend shall include any suits or actions concerning any activity, product or work required under this Agreement, and also include the payment of all court costs, attorney fees, expert witness costs, investigation costs, claims adjusting costs and any other costs required for and related thereto.
8.3 No Waiver. City does not waive, nor shall be deemed to have waived, any indemnity, defense or hold harmless rights under this section because of the acceptance by City, or the deposit with City, of any insurance certificates or policies described in Section 10.0 below.
9.0 Correction or Re-Performance of Work. If City believes that any of the work ATTACHMENT 2
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performed under this Agreement does not comply with the terms of this Agreement, City may deliver notice to Consultant. Such City’s notice shall describe how the work performed, including any deliverables resulting from such work, does not meet the requirements of this Agreement, including failure to meet the applicable standard of care set forth in Section 6.0 and, upon City’s sole discretion, may also make a request for Consultant to re -perform the services. If City requests Consultant to re -perform services , Consultant shall promptly re - perform the services at no additional cost to City in a reasonably timely manner .
Should Consultant fail to make such correction or re-performance, the cost thereof shall be withheld from any funds due to Consultant hereunder or charged to Consultant with such amounts to be paid by Consultant within thirty (30) days of receipt of such invoice.
10.0 Insurance.
10.1 Insurance Coverage. Consultant shall maintain, throughout the Term, the insurance coverage set forth in the “Insurance Requirements” as attached to this Agreement as Exhibit C.
10.2 Delivery of Certificates of Insurance and Endorsements . Prior to the commencement of any work by Consultant under this Agreement , Consultant shall provide the City with copies of certificates (on an Accord form as modified per C ity direction) for all policies together with the appropriate endorsements required in Exhibit C. At the request of the City, Consultant shall deliver a copy of its insurance policies.
10.3 Failure to Maintain Insurance. If Consultant receives a cancellation notice of any insurance required by this Agreement, Consultant shall, within one day of receipt, forward said notice to City Project Manager. If Consultant at any time during the Term of this Agreement, should fail to secure or maintain any insurance required under this Agreement, the City shall be permitted to obtain such insurance in the Consultant's name or as an agent of the Consultant and shall be compensated by the Consultant for the cost of the insurance premiums at the maximum rate permitted by law computed from the date written notice is received that the premiums have been paid. Such costs can be assessed by deducting such costs from any amounts due and payable to the Consultant as compensation under the terms of this Agreement.
11.0 Work Product.
11.1 Deliverables. Consultant shall deliver to the City the studies, plans, specifications, drawings, photographs, maps, videos, records, designs, data, reports, documents or other work products as are identified in the Scope of Services (“ Work Product”). The City may also request, and ATTACHMENT 2
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Consultant shall provide to City, copies of all other information developed in the course of the Consultant’s performance of this Agreement.
Consultant shall, in such time and in such form as the City may require, furnish reports concerning the status of services required under this Agreement. Consultant shall, upon request by City and upon completion or termination of this Agree ment, deliver to the City all Work Product produced by the Consultant. Consultant represents and warrants that upon delivery of the Work Product, such Work Product shall be free of all liens, security interests or any other encumbrances.
11.2 Ownership. Each and every item that constitutes Work Product produced, prepared, or caused to be prepared by the Consultant pursuant to or in connection with this Agreement shall be the exclusive property of the City.
12.0 Confidentiality.
12.1 Non-Disclosure Exemptions. Consultant may be granted access to information that is exempt from disclosure to the public and may contain “trade secrets” when it is necessary for Consultant to perform its obligations pursuant to this Agreement. If Consultant is granted such access to confidential information, Consultant shall not be considered to be a member of the public as that term is used in the California Public Records Act.
12.2 Confidentiality Obligation . Consultant shall not disclose, publish, or authorize others to disclose or publish, design data, drawings, specifications, reports, or other information pertaining to the projects assigned to Consultant by the City or other information to which the Consultant has had access during the Term of this Agreement without the prior written consent of the Designated Official during the Term of this Agreement and this obligation shall survive for a period of two (2) years after the termination of this Agreement . Notwithstanding the foregoing, the confidentiality obligations imposed by this Agreement shall survive as to any of the following information (a) a trade secret under applicable law for so long as such information constitutes a trade secret thereunder, (b) each utility customer’s “data” under applicable law unless Consultant has secured such customer’s express, written consent to release of such customer’s information , (c) any information classified by City as “critical infrastructure information” or “prot ected critical infrastructure information” or “protected system,” or (d) any other documentation that has been identified as confidential by City until City has advised Consultant in writing that such information may be released.
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13.0 Acceptance of Final Payment by Consultant. The acceptance by Consultant of the final payment made under this Agreement shall release City from all claims and liabilities for compensation to or for the benefit of Consultant for anything done, furnished, or relating to Consultant's work or services. Acceptance of payment shall be any negotiation of City's check or the failure to make a written extra compensation claim within 10 calendar days of the receipt of that check; provided, however, approval or payme nt by City shall not constitute, nor be deemed, a release of the responsibility and liability of Consultant, its employees, agents, subcontractors and subconsultants for the satisfactory performance, accuracy and/or competency of the information provided and/or work performed by Consultant; nor shall such approval or payment be deemed to be an assumption of such responsibility or liability by City for any defect or error in the work prepared by Consultant, its employees, agents, subcontractors and subconsultants.
14.0 Records. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts, and other such information required by the City, the Designated Official or the City Project Manager. Consultant shall maintain adequate records on services provided in sufficient detail to permit an evaluation of services.
All such records shall be maintained in accordance with generally accepted accounting principles and shall be clea rly identified and readily accessible.
Consultant shall provide access to the Designated Official or designees at all proper times to such books and records, and gives the Designated Official or designees the right to examine and audit such books and records and to make transcripts as necessary, and to allow inspection of all work, data, documents, proceedings, and activities related to this Agreement. Consultant shall maintain such records for at least four years after the termination or final payment under this Agreement , whichever is later.
15.0 Conflict of Interest. Consultant agrees to be familiar with and comply with all applicable federal, state and local conflict of interest laws (including 2 CFR 200.318, if federal money is funding any part of this Agreement). Consultant represents and warrants that it is unaware of any City employee or official that has a financial interest in Consultant's business. During the Term of this Agreement and/or as a result of being awarded this Agreement, Consultant shall not offer or accept any financial interest in Consultant's business by any City employee or official.
16.0 Payee Registration Form . City shall provide a Payee Registration F orm to Consultant and Consultant shall deliver a completed registration form to the City.
Consultant acknowledges that this form is necessary for the City to process any payment for services hereunder.
17.0 Non-Appropriation of Funds . Payments due and payable to Consultant for current services are within the current annual budget and within an available, unexhausted and unencumbered appropriation of City funds. In the event City has not appropriated sufficient funds for payment of Cons ultant services beyond the ATTACHMENT 2
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current fiscal year, this Agreement shall cover only those costs incurred up to the conclusion of the current fiscal year.
18.0 Compliance with Laws. Consultant agrees to perform all of its obligations under this Agreement in accordance with all applicable federal, state and local laws, rules and regulations. This obligation shall include, but is not limited to, the following requirements set forth below:
18.1 Permits and Licenses. Consultant, at its sole expense, shall obtain and maintain during the Term of this Agreement, all appropriate permits, licenses, and certificates that may be required in connection with the performance of services under this Agreement.
18.2 Anti-Terrorism Laws; Sanctions . The Consultant represents and warrants that:
(1) it is not a person described or designated in the Specially Designated Nationals and Blocked Persons List of the Office of Foreign Assets Control, United States Department of the Treasury or in Section 1 of Executive Order No. 13,224, 66 Fed. Reg. 49,079 (2001), issued by the President of the United States of America (Executive Order Blocking Property and Prohibiting Transactions With Persons Who Commit, Threaten to Commit, or Support Terrorism);
(2) it does not engage in any dealings or transactions with any such persons described above; and
(3) is not otherwise blocked, subject to sanctions under or engaged in any activity in violation of other United States economic sanctions, including but not limited to, Trading with the Enemy Act, the International Emergency Economic Powers Act, Accountability and Divestment Act or any other similar law or regulation with respect to any country, the Sudan Accountability and Divestment Act, any OFAC Sanctions Program, or any economic sanctions regulations administered and enforced by the United States or any en abling legislation or executive order relating to any of the foregoing.
19.0 Meet and Confer. The Parties agree to meet and confer concerning all claims, disputes or other matters in question between the Parties arising out of or relating to this Agreement or breach thereof prior to the institution of any litigation.
20.0 Waiver; Remedies Cumulative . Failure by a Party to insist upon the strict performance of any of the provisions of this Agreement by the other Party, irrespective of the length of time for which such failure continues, shall not constitute a waiver of such Party's right to demand strict performance by such other ATTACHMENT 2
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Party in the future. No waiver by a Party of a default or breach of the other Party shall be effective or binding upon such Party unless made in writing by such Party, and no such waiver shall be implied from any omissions by a Party to take any action with respect to such default or breach. No express written waiver of a specified default or breach shall affect any other default or breach, or cover any other period of time, other than any default or breach and/or period of time specified. All of the rem edies permitted or available to a Party under this Agreement, or at law or in equity, shall be cumulative and alternative, and invocation of any such right or remedy shall not constitute a waiver or election of remedies with respect to any other permitted or available right or remedy.
21.0 Integrated Agreement; Construction. This Agreement, including any exhibit, schedule or addendum attached hereto, supersedes any other agreements, either oral or in writing, between the parties hereto with respect to the rendering of services hereunder, and contains all of the covenants and a greements between the Parties with respect to said services. The provisions of this Agreement shall be construed as a whole according to its common meaning of purpose s of providing a public benefit and not strictly for or against any Party. No verbal agreement or implied covenant shall be held to vary the provisions of this Agreement.
In the event an inconsistency arises between any attachments (including any exhibit, schedule or addendum) and any term of this Agreement, the terms of this Agreement shall prevail. This Agreement shall bind and inure to the benefit of the Parties to this Agreement and any subsequent permitted successors and assigns.
22.0 Amendment; Modification. This Agreement may only be amended or otherwise modified upon written mutual agreement of each of the authorized representatives of the Parties.
23.0 Assignment. This Agreement is personal to the Consul tant and may not be assigned without the prior written approval of the Designated Official .
Notwithstanding the foregoing, any assignment in violation of this Section by the Consultant is voidable in the City’s sole discretion.
24.0 Use of t he Term “City .” Reference to “City” in this Agreement includes City Manager or any authorized representative acting on behalf of City.
25.0 Severability. If any part, term, or provision of this Agreement shall be held illegal, unenforceable, or in conflict with any law of a federal, state, or local governmental entity having jurisdiction over this Agreement, the validity of the remaining portions or provisions shall not be affected by such holding.
26.0 Execution Counterparts. This Agreement may be executed in counterparts and each such duplicate counterpart shall constitute an original, any one of which may ATTACHMENT 2
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be used for any purpose without the production of its duplicate counterpart.
Moreover, each counterpart shall be deemed for all purposes to be an original, and all such counterparts together shall constitute one and the same instrument, binding on all Part ies hereto. Transmission by facsimile, electronic mail, and/or other validated instantaneous electronic transmission to one Party of a true copy of a counterpart duly executed by the other Party shall constitute valid delivery of such counterpart, and shal l be valid, binding and effective for all purposes. Notwithstanding the foregoing, the authority under this Section to execute this Agreement with an electronic signature shall be limited to a physical (“wet ink”) signature placed on a counterpart to this Agreement by a Party, and transmitted electronically as described in this Section to the other Party.
27.0 Governing Law. The terms of this Agreement shall be interpreted according to the laws of the State of California. The Parties agree and consent to the jurisdiction of the state and federal courts of competent jurisdiction exclusively in the County of Los Angeles, California.
28.0 Survival. The provisions of Sections 8, 9, 10 and 12.0, shall survive for a period of four years following the termination or expiration of this Agreement , whichever is later.
29.0 Notices. Any written notice required by this Agreement shall be given by depositing such notice in the United States mail, postage prepaid or by personal delivery, and addressed as follows:
TO CITY:
The City of Burbank
Attention: Bassil Nahhas, PE
Principal Civil Engineer/BWP
164 West Magnolia Blvd
Burbank, CA 91503
With a copy to:
The City of Burbank
Attention: Mandip Kaur Samra
General Manager-BWP
164 West Magnolia Blvd
Burbank, CA 91503
TO CONSULTANT:
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Pacific Advanced Civil Engineering, Inc.
Attention: Duncan Lee, PE
Principal QA/QC Manager
17520 Newhope Street #200
Fountain Valley, CA 92708
All notices shall be effective upon deposit in the mail, as specified above, or personal delivery.
Either Party may change the specified person or address at which it is to receive notices by so advising the other Party in writing.
30.0 Safety Requirement. To the extent that Consultant performs any work on premises owned or leased by the City, the Consultant agrees that it shall comply with this Section. All work under this Agreement shall be performed in such a manner as to provide safety to the public and to meet or exceed the safety standards outlined by CAL-OSHA. The City reserves the right to issue restraint or cease and desist orders to the Consultant when unsafe or harmful acts are observed or reported relative to the performance of the work under this Agreement. The Consultant shall maintain the work sites free of hazards to persons and property resulting from its operations.
Any hazardous condition noted by the Consultant, which is not the result of his operations, should immediately be reported to the City Project Manager.
31.0 Copyright. In the event Consultant creates an original work product as part of the Scope of Services (“work product”), Consultant agrees that work product is a work made for hire. Consultant acknowledges that he/she received consideration for this work product and ha s no copyright interest in any of the work product, or in any copyright related to the work product. For example work product may involve:
illustrations and graphic design services, digital and print branding services, photographs, Meta Tags, text, photographs whether edited or not, and other graphic images, appearing on the web sites or other applicable medium , domain names, log-in credentials for social media and other on -line electronic platforms.
Further, if this Agreement is found by any court or other jurisdiction to not be a work-for–hire as defined in 17 U.S.C. 101, then Consultant hereby transfers any and all interest of the copyright(s) in the work product to City. This transfer and assignment are irrevocable and in perpetuity.
Further, Consultant represents and warrants: 1) that all work product shall be original and not subject to any other ownership claims by third parties, and 2) if applicable, that consent by individuals depicted in any work product have been obtained and written releases will be delivered to City prior to the completion of the Scope of Services. Consultant indemnifies and defends City as to any damages arising out of or relating to a breach of this warranty and representation.
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If applicable, Consultant agrees to provide all log -in credentials for social media and other on -line electronic platforms to C ity within ten (10) days of establishing same, which shall allow C ity at any time with the ability to access, utilize and maintain the social media account or electronic on -line platform, should C ity choose to do so. In any event, upon the conclusion of Consultant’s services, Consultant shall no longer utilize any log -in credentials or electronic on -line platforms.
32.0 Prevailing Wages. To the extent that the Consultant performs any work described in California Labor Code Section 1720(a)(1), including, but not limited to, inspection and land surveying work Consultant agrees that it shall comply with this Section. The Consultant, and any subcontractor or subconsultant working on behalf of the Consultant with respect to this Agreement, is required to pay not less than the established prevailing rates of wages to all workers employed in the execution of this Agreement, and Consultant shall comply with all other requirements applicable to Public Works Construction as specified in the California Labor Code and/or Davis Bacon Act, if federal money is funding any part of this Agreement . Furthermore, Consultant must register as a public works contractor with the California Department of Industrial Relations, if the compensation under this Agreement is greater than $25,000.
[Signature Page on the Following Page]
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In recognition of the obligations stated in this Agreement, the Parties have executed this Agreement on the date indicated above.
"CONSULTANT"
Pacific Advanced Civil Engineering
Inc,
"CITY"
City of Burbank
Signature Signature
Mandip Kaur Samra
Name (Please Print) Name (Please Print)
General Manager-BWP
Title Title
If Consultant is a corporation or LLC, a
second signature is required:
ATTEST:
Office of the City Clerk
Signature
Name (Please Print)
Title Kimberley Clark, City Clerk
Approved as to Form
Burbank City Attorney’s Office
By:
Signature
Kane Thuyen
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EXHIBIT A
SCOPE OF SERVICES
PROJECT MANAGEMENT / QA/QC
Client Coordination
The Project Manager (Duncan Lee) will be the project’s primary source contact with the City. The Quality Assurance / Quality Control Principal, Duong Do, will be a secondary contact but only in the event that the Project Manager is not available. All correspondence with the City, whether incoming or outgoing, will be through the Project Manager. The Project Manager will keep the City informed of the project progress on a bi-weekly basis unless otherwise indicated in the work plan or contract work scope. Periodic progress meetings (i.e. bi-weekly) will typically include:
• Schedule status
• Work planned for upcoming month
• Progress to date
• List of issues which may affect schedule or deliverables and proposed resolution approach
In addition to the progress meetings, the PACE team will maintain an ongoing comment log to ensure that it produces deliverables consistent with all expectations.
The PACE QA/QC Philosophy
PACE’s concept for Quality Assurance / Quality Control is to remove barriers so that each team member can perform each element of the project correctly, the first time.
This starts with the designation of individuals with appropriate experience and availability to manage the project, lead tasks, and accomplish technical work. A second element is to gain understanding and commitment from each team member on the scope of work and their responsibilities within the work scope, as well as the budget and schedule. The third element is to provide a structured process for reviews.
The QA/QC Process
The Quality Assurance / Quality Control Program places responsibility at the level of the organization closest to the production of each work element. The peer reviewer is designed to check/back-check and make conclusions on analysis methods, calculations, and decisions. The task leaders and peers are encouraged to discuss the approach and identify points of agreement and disagreement. Areas of disagreement will be noted and discussed with the Project Manager.
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WORK PLAN
PACE will provide engineering services for this Design effort, divided into six primary tasks (Tasks 2 to 7).
PACE’s proposal is based on the following assumptions and exclusions:
• BWP will promptly provide PACE with available GIS shapefiles and record drawings of City-owned utilities, CAD blocks, standard plans, front-end boiler plate specifications, etc.
• Pipes being replaced are:
As listed in
the RFP #
Criticality
Ranking
Location Existing Pipe
Size (inch)
Proposed Pipe
Size (inch)
6 1 Alley N/O
Magnolia
24 24
27 2 Tulare 30 30
7 3 Alley N/O Palm 18 18
26 4 Scott 24 24
4 5 Sunset Canyon
Drive (Zone 3)
10 12
5 6 Sunset Canyon
Drive (Zone 2)
10 12
34 7 Cohasset 10 12
• Since a majority of the pipes being replaced are transmission mains, PACE is not anticipating any existing fire hydrants or service laterals fed from these transmission mains. If there are existing fire hydrants or service laterals connected to these transmission mains, PACE will attempt to relocate them to smaller diameter distribution mains whenever possible. Otherwise, fire hydrants and service laterals will be reconnected to the new transmission mains. For the smaller 12-inch diameter distribution mains, existing fire hydrants and service laterals will be replaced and reconnected to the new distribution mains.
• All the streets proposed for pipe replacement appear to be in residential, low- traffic-count areas. Each subconsultant performing various services, such as soil boring, pipe locating, potholing, topographic survey, etc., will be issued a no-fee encroachment permit from BWP. If minor traffic control is necessary, W.A.T.C.H. manual practice will apply without the need to prepare any custom traffic control plans. If traffic control plans are required by the BWP or ATTACHMENT 2
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the City of Burbank, PACE will expeditiously prepare the change order proposal to request additional funding from BWP.
• The proposed pipe along Cohasset Street and crosses Interstate 5. Typically, this would cause an enormous delay to the Project in getting a Caltrans Encroachment Permit, and it can still cause a substantial delay. However, with Cohasset Street being at grade and the freeway crossing on a freeway bridge, construction activities will have no impact on the freeway and should pose less risk to the overall Project schedule. It would be prudent for the City and the design team to approach Caltrans at the initial phase of the Project to identify any concerns and requirements to minimize the number of encroachment permit submittals, as each submittal typically will add 4 to 6 months of Caltrans review.
• PACE will assist the BWP in requesting record drawings from third-party utilities. If such third-party utilities require a fee, PACE will inform BWP so that BWP will be responsible for paying for such fees directly. This typical process is as follows:
o BWP provides PACE with a list of 3rd party utility providers that may have facilities within the City of Burbank public right-of-way. o PACE will work with BWP to develop a cover letter, along with any exhibits, to request the record drawings.
o Record drawings will be sent to the BWP’s mailing or email address, and then such response and record drawings will be uploaded to PACE’s SharePoint directory.
• PACE will assist BWP in requesting through DigAlert to have buried utilities marked at the Project limits before scheduling a topographic survey. PACE’s survey subconsultant, Huitt-Zollars, can pick up those markings as part of our process to develop the initial base map. This typical process is as follows, but may change slightly as it is dictated by DigAlert:
o PACE will work with BWP on an online request for DigAlert for the 7 pipe replacement locations.
o PACE will provide instruction to BWP, such as to mark the limits of DigAlert along the 7 pipe replacement locations. Typically, for the street, there would be 4 white paint “L” shape markings to show the limit of potential upcoming digging. BWP will then take photos of these 4 corners for each street and provide them to PACE.
o PACE will upload these photos to the DigAlert website accordingly, and various utilities, including the BWP, will have a certain number of hours to place paint markings at these 7 sites.
o After field markings are done, PACE will schedule the surveyor to pick up all above-ground features, manhole rims and inverts, along with such DigAlert markings.
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• PACE’s potholing subconsultant, BESS Testlab, at each location potholed, it will be backfilled and compacted with native material, and the surface will be repaired specifically through hot-patch asphalt, T-Cut with traffic control along the proposed new pipeline alignment. The team is assuming up to 50 pothole locations, or 10 days of activities. If additional days of such service are necessary, PACE will expeditiously prepare the change order proposal to request additional funding from BWP.
• Traffic control plans are not required at the design phase and will be deferred to the contractor during construction. As for the potential need to obtain a Caltrans Encroachment Permit for Cohasset Street crossing underneath the Interstate 5 overhead bridge, Caltrans may have minimal requirements to issue the encroachment permit without traffic control plans because the proposed work has no impact on freeway on-ramps, off-ramps, or freeway traffic. If BWP later discovers that traffic control plans are required during the design phase, PACE can expeditiously hire a subconsultant specializing in preparing traffic control and detour plans and will prepare the change order proposal to request additional funding from BWP to perform such a task.
BWP’s decision to defer the preparation of traffic control plans is consistent with PACE’s experience, which requires only the W.A.T.C.H. manual for minor traffic control.
• BWP tentatively identified up to three third-party agencies from which relevant permits may need to be obtained, namely County of Los Angeles Public Works (when crossing a storm drain), State Division of Drinking Water (DDW) for pipeline separation waiver application, and Caltrans if a permit is required for the pipe crossing Interstate 5. Since PACE does not have control over the level of eff ort to obtain such permits from each of these three agencies, the fee proposal will itemize these potential permits and assume up to three submittals for each agency. If additional submittals or unforeseen circumstances arise, PACE will expeditiously prepare the change order proposal to request additional funding from BWP to perform such a task. For these potential permit applications, similar to the above-described typical process to request record drawings, PACE will assist the BWP, including preparing any necessary exhibits and filling in forms, while the BWP must be the applicant and the primary contact.
• The final approved plans will not include any staging areas set aside for the contractor during construction, as each contractor is responsible for making their own arrangement to store material and equipment.
• The BWP has staff and equipment to locate the existing water facilities in the field.
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• CEQA compliance is satisfied through a Notice of Exemption (NOE) determined, prepared, submitted, and managed solely by the City.
• To extend the useful life of the proposed new ERDIP, PACE will include the use of cathodic protection technology.
Task 2 - Project Management, QA/QC and Meetings (Phase 1)
Subtask 2.1 - Project Management
PACE shall provide ongoing coordination of the project team, including BWP, external stakeholders, and the internal project team, during the various stages of the project. PACE will also monitor the budget and serve as the main point of contact with BWP. Regular phone calls and email updates will be sent from PACE to the BWP Project Manager to keep the coordination open and up to date. PACE shall submit monthly invoices with all supporting documentation in a format acceptable to BWP. PACE shall be responsible for ensuring all deliverable deadlines are met, all internal quality control reviews are completed, and the final products meet the expectations of BWP.
Subtask 2.2 - Quality Assurance/Quality Control
All deliverables, calculations, recommendations, and other documentation shall be reviewed by an experienced engineer, not otherwise associated with the project, prior to submittal to BWP. Documents shall be reviewed to ensure technical excellence, BWP’s technical and material specifications are being met, and conformance with American Water Works Association (AWWA) standards and the Division of Drinking Water (DDW) Waterworks standards.
Subtask 2.3 - Virtual Meetings (Assumed Monthly 1-Hour Meetings & Three 2-Hour Workshops)
Over the course of the project, PACE shall facilitate and lead meetings and conference calls as required to move the project forward and ensure BWP is informed and in concurrence with the progress of the project. For each meeting, PACE shall develop a meeting agenda prior to the meeting and submit meeting minutes to BWP within three business days after the meeting. PACE’s Project Manager and additional staff will attend as appropriate. For budgeting purposes and for the duration of the project, PACE shall plan one meeting per month (one hour each) and three workshops (two hours each).
Task 3 - Preliminary Design (30% Design) (Phase 1)
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Subtask 3.1 – Geotechnical Investigation (Assumed 10 Borings at 15’ Depth)
PACE shall retain the services of an experienced geotechnical engineer to perform a geotechnical investigation of the project site. The existing street pavement type and thickness shall also be determined as part of the geotechnical investigation. There will be a total of ten (10) soil borings drilled up to 15 feet in depth.
Subtask 3.2 - Topographic Survey
PACE shall retain the services of an experienced subconsultant to perform a topographic survey of the project site, to identify locations of all applicable right-of- way boundaries, and visible features, such as:
• Visible utility features (sewer manholes including invert) • Fire hydrants
• Valve covers
• Meter boxes
• Hardscape
• Striping
• Curb and gutter
• Driveways
• Available DigAlert field markings
Subtask 3.3 - Potholing with Pipe Locating (Assumed Up to 50 Locations or Up to 10 Days)
PACE shall include the cost of pipe locating and potholing for this project. PACE estimated up to 10 days of such service, which should cover up to 50 locations.
Subtask 3.4 - Base Maps
PACE shall research and identify all existing utilities in the project areas. A base map will be prepared at Horizontal: 1” = 20’ Vertical: 1” = 4’ (or other scales as pre- approved by BWP).
Subtask 3.5 - Site Visits (As-Deemed Necessary by PACE)
PACE will conduct a site walk of the proposed transmission mains alignment whenever deemed necessary by PACE.
Subtask 3.6 - Review Existing Reports, Data, Plans, and Applicable Information
PACE shall review applicable available BWP information, reports, data, plans, standards, etc., to facilitate the design of this transmission main replacement project.
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Subtask 3.7 - Draft Technical Memorandum w/Concept Alignment (TM)
PACE shall prepare a Preliminary Design Technical Memorandum (TM) with design criteria for the project, such as piping material, pressure class, method to restrain joints, connection details, valve manufacturer and model, hydrant, service laterals, and other pertinent information. The TM will also include a preliminary concept alignment.
Subtask 3.8 - Draft TM Review Meeting (Virtual)
PACE shall coordinate with BWP to promptly arrange a virtual review meeting, for BWP to expeditiously return consolidated comments to PACE to proceed to finalize the TM.
Subtask 3.9 - Final Technical Memorandum w/Concept Alignment (TM)
Based on comments received from BWP and discussion at a review meeting, PACE shall finalize the TM and submit the TM to BWP to document the design criteria for the project and to proceed with the 60% design pipeline alignment. Submittals shall be provided to BWP electronically in Adobe Acrobat (pdf) format.
Task 4 - 60% Design (Phase 1)
Subtask 4.1 - Prepare 60% Submittal (Plans, Specifications, & Estimate)
Based on the recommendations of the final TM and concept alignment, PACE shall prepare the 60% plans, technical specifications, and cost estimate. BWP Standard Drawings will be referenced where appropriate. The PACE team shall use BWP’s CAD template. Drawings shall be prepared in AutoCAD, and technical specifications will be prepared in CSI format. Since all seven (7) pipes have diameters of 12 inches or larger, the design will consist of plans and profiles. Potholing, if required, shall be made and discussed with BWP during this design phase. PACE shall have a 60% design review meeting with BWP to discuss comments before proceeding to the next design stage.
Since this project requires an aggressive 12-month design schedule, PACE recommends starting the permit process with 3rd party agencies (i.e., Caltrans, County, & DDW), which are shown below as Subtasks 5.1 to 5.4, earlier at this 60% design phase, instead of the typical 90% design phase. The preliminary schedule attached to this PACE proposal will reflect this recommendation.
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Subtask 4.2 - 60% Design Review Meeting (Virtual)
PACE shall coordinate with BWP to promptly arrange a virtual review meeting, for BWP to expeditiously return consolidated comments to PACE to proceed to 90% Design.
Task 5 - 90% Design (Phase 1)
PACE anticipates up to a potential of three (3) 3rd party permits for this project, shown below as Subtasks 5.1 to 5.4.
The City of Burbank (City), Public Works Department (PW) issues a Street Excavation Permit. The BWP will direct and guide the PACE team with their internal permitting procedure. Trench restoration requirements can be anticipated to be per Public Works Standard Drawing BS-110-3. PACE’s scope of work does not include street restoration, and the extent of pavement restoration hinges on the existing pavement conditions. Final street pavement restoration requirements will be identified by PW at this stage of the permit process. If PW requires this added scope and the BWP agrees to include it, PACE will expeditiously prepare the change order proposal to request additional funding from BWP. PACE understands the construction contractor will be tasked with preparing traffic control plans and obtaining the final street excavation permit from the PW.
Subtask 5.1 - Apply for Potential County of LA Public Works Permit When Crossing a Storm Drain (Assumed One Location with up to Three Submittals)
Subtask 5.2 - Apply for Potential State Division of Drinking Water Permit for Horizontal Pipe Separation Waiver (Assumed One Location with up to Three Submittals)
Subtask 5.3 - Apply for Potential Caltrans Permit for Interstate 5 Crossing at Cohasset Street (Assumed up to Three Submittals)
Subtask 5.4 - Meeting with Caltrans Encroachment Permit Section to Determine Potential Permit Requirement at Cohasset Street (Assumed One Meeting)
Subtask 5.5 - Prepare 90% Submittal (Plans, Specifications, & Estimate)
After the 60% design review, PACE shall proceed to the 90% design, updating the plans, technical specifications, and cost estimate. PACE shall have a 90% design review meeting with BWP to discuss comments before proceeding to the final design stage.
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Subtask 5.6 - 90% Design Review Meeting (Virtual)
PACE shall coordinate with BWP to promptly arrange a virtual review meeting, for BWP to expeditiously return consolidated comments to PACE to proceed to 100% Design.
Subtask 5.7 - Cathodic Protection
PACE shall retain the services of an experienced subconsultant to perform cathodic protection design for the project. The PACE team will begin the Cathodic Protection design with standard details and design approach during the 90% design. For the 100% design, the PACE team will include the location of anode beds and the number of sacrificial anodes.
Task 6 - 100% Design & Final PS&E, Including BCA Update (Phase 1)
Subtask 6.1 - Prepare 100% Submittal (Plans, Specifications, & Estimate)
After the 90% design review, PACE shall proceed to the 100% design, updating the plans, including cathodic protection design, technical specifications, and cost estimate.
Subtask 6.2 - Prepare Signed PS&E Package for Bid (Include Mylar for Plans)
Assuming no further comments are provided by BWP of the 100% PS&E package, PACE shall proceed to print mylars and the signed PS&E package. The BWP is responsible to finalize its own front-end boilerplate specifications, and to include the PACE PS&E documents in public bid for this project. PACE can assist the BWP to prepare the bid schedule or provide input for the front-end boiler specifications. The project name on the plans and specifications will be “Seismic Retrofit of Water Pipelines RFP No. BWP-2024-003”.
Subtask 6.3 - Update the BCA Package w/Engineer's Construction Cost Estimate
After the signing of the PS&E bid package, PACE will update the previously approved BCA package with the updated construction cost estimate for the BWP to submit to CalOES as required per the FEMA grant requirement. The BWP and PACE are not anticipating that this process will require more than one (1) submittal.
If CalOES requires additional updates to the BCA, PACE will expeditiously prepare the change order proposal to request additional funding from BWP.
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Task 7 - Bidding Phase Assistant (Phase 1)
PACE shall prepare for and attend the pre-bid meeting, assist BWP with answering questions, provide information and/or clarification of bid documents to prospective bidders, and prepare up to three (3) addenda. These are as shown below from Subtasks 7.1 to 7.3.
Subtask 7.1 - Meetings (Assumed up to Two Virtual and 1 Site Meetings)
Subtask 7.2 - As-Needed Assistance to Answer Questions or Provide Clarifications
Subtask 7.3 - Prepare Addenda (Assumed Up to Three Addenda)
All deliverables provided under this Agreement shall be in form and substance reasonably satisfactory to City.
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EXHIBIT B
SCHEDULE OF COMPENSATION
The total compensation (including, any reasonable costs, expenses or reimbursements) payable by the City to the Consultant shall not exceed the Cost of Services as set forth in Section 3.0.
To the extent that the Schedule of Compensation includes any travel, hotel or other reimbursable expenses, such expenses shall be for actual and reasonable expenses incurred in the performance of the Scope of Services.
The Consultant and the City agree that the Consultant shall earn its compensation according to the following method:1
□ Time and Materials: The City shall pay for the services on a time-and-material basis. Consultant shall invoice the City for all actual hours of work performed in accordance with this Agreement at the following rates:
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EXHIBIT C
INSURANCE REQUIREMENTS
Consultant shall procure and maintain , for the Term of this Agreement, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Consultant, its agents, representatives, employees or subcontractors.
A. Minimum Scope of Insurance. Coverage shall be at least as broad as:
1. Commercial General Liability : Insurance Services Office Form CG 00 01 covering commercial general liability insurance (“ CGL”) on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be at least $2,000,000.
2. Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Consultant has no owned autos, hired, (Code 8) and non - owned autos (Code 9), with limit no less than $1,000,000 per accident for bodily injury and property damage.
3. Workers’ Compensation: as required by the State of California, with statutory limits, and employer’s liability insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.
4. Professional Liability or Errors and Omissions: Errors and Omissions insurance appropriate to the Consultant’s profession (“ E&O Insurance”), with limit no less than $1,000,000 per occurrence or claim, $2,000,000 aggregate.
If Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by Consultant.
B. Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
Additional Insured Status
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coverage can be provided in the form of an endorsement to the Consultant ’s insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10 and CG 20 37 forms if later revisions used).
Primary Coverage
For any claims related to this Agreement, the Consultant’s insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, agents, or volunteers shall be excess of the Consultant’s insurance and shall not contribute with it.
Notice of Cancellation
Each insurance policy required above shall provide an endorsement that they are not subject to cancellation without thirty (30) days’ prior written notice to the City or ten (10) days’ prior written notice for non-payment of premium.
Waiver of Subrogation
Consultant hereby grants to City a waiver of any right to subrogation which any insurer of said Consultant may acquire against the City by virtue of the payment of any loss under such insurance. Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.
Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the City.
The City may require the Consultant to purchase coverage with a lower deductible or retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention.
Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City. Such insurers shall be licensed to provide insurance under California state law.
Claims Made Policies. For the E&O Insurance Policy and any other insurance providing claims-made coverage (e.g., pollution liability insurance, if applicable):
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provided for at least three (3) years after completion of the work required under the Agreement.
3. If coverage is canceled or non -renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the Agreement Effective Date, the Consultant must purchase “extended reporting” coverage for a minimum of three (3 ) years after completion of work.
Verification of Coverage
Consultant shall furnish the City with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this Agreement . All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant ’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
Cyber Liability Insurance
Technology Professional Liability (Errors and Omissions) Insurance appropriate to the Consultant’s profession, with limits not less than $2,000,000 per occurrence or claim, $2,000,000 aggregate. Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by Consultant in this agreement and shall include, but not be limited to, claims involving infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, alteration of electronic information, extortion and network security. The policy shall provide coverage for breach response costs as well as regulatory fines and penalties as well as credit monitoring expenses with limits sufficient to respond to these obligations. City shall inform Consultant if such insurance is required.
Contractors Pollution Liability and/or Asbestos Pollution Liability
If Consultant’s Scope of Services includes the handling or transportation of hazardous materials, Consultant shall maintain pollution liability and/or asbestos pollution liability applicable to the work being performed, with a limit no less than $1,000,000 per claim or occurrence and $2,000,000 aggregate per policy period of one year. City shall inform Consultant if such insurance is required.
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EXHIBIT D
FUNDING SOURCE DOCUMENTS
Please see below.
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